Terms of Service
TERMS OF SERVICE
Effective date: August 31, 2018
Before using the Services, it is important that you carefully read the Agreement, which is applicable to (a) “Leaders” -- this includes those who initially set up the Service (“Primary Leader”) and other that are granted Leadership privileges by the Primary Leader; (b) Administrators and Staff – those who operates the technical features available through the Services (“Administrators”) (Leaders and Administrators, collectively “Administrative Users”), c) Teachers – users for whom is guaranteed by an Administrative Users the powers to use the classroom features in order to manage students’ mobile devices during class time (“Teachers”), and d) Students: those who are enrolled at the School and uses a mobile device managed by the Services for educational purposes (“Students”). The terms “you” and “users” includes Administrative Users, Teachers and Students.
If you are entering into these Terms on behalf of a School, District or and other educational organization as a Primary Leader, you represent that you have the authority to bind such entity, its Teachers, its Students and its Administrative Users, and its affiliates to these Terms. If you do not have such authority, you may not use the Services. You acknowledge that these Terms are a contract between you and Mosyle Corporation, even though they are electronic and are not physically signed by you and Mosyle Corporation, and they govern your use of the Services.
You are free to reject these Terms, but that means that you cannot use our Services in any way.
This Agreement is in full effect while you or the entity that you represent use the Services in any way.
2. YOUR ACCOUNT
Each School may have only one account. If several persons need to use an account at the same School, the School and the Primary Leader must designate such persons as Users.
3. SERVICES OVERVIEW
Through Mosyle Manager Services, Schools can remotely manage and enforce policies for the use of supported mobile devices by their teachers and students. The Administrative Users (starting with the Primary Leader) have the power to freely register all the other Users, providing information as name, email and role (“School’s Data”). The email address is not required to register a Student; any unique information (including but not limited to an e-mail address) that allows differentiating users can be used.
The use of the Services by Schools is allowed only for internal, non-commercial, educational use, and only in a manner that complies with all laws that apply to them. If their use of the Services is prohibited by applicable laws, then they aren't authorized to use the Services. We can't and won't be responsible for your use of the Services in a way that breaks the law.
After you establish your School’s account (Primary Leader) or other Administrative User send you your account info, the following terms apply to your use of the Service:
(a) Account Access: You are fully responsible for any activity that occurs in connection with your Account, whether or not authorized, and for maintaining the confidentiality of passwords and any other credentials used to access your Account. In the event you discover any unauthorized access and/or use of your Account, you agree to immediately terminate such access and/or use, and to promptly notify us;
(b) Using your Account: To use the Services, follow the provided instructions. If you are unable to use your Account for any reason, please contact Customer Support.
You may not use the Services with any purpose different than remotely manage and enforce policies for the use of supported mobile devices by Teachers and Students of your School, including but not limited to:
(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Mosyle Manager App or Services;
(b) Remove or obscure the copyright notice or other notices displayed in connection with the Services;
(c) Interfere with or disrupt the Services, or servers and networks connected to the Services, or circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services;
(d) Allow any third party to use the Services under your account, share your password or other account information with anyone, create additional accounts for any reason whatsoever, or use the account of any third party; excepted otherwise for the means officially available in the Services;
(e) Utilize the Services for the purpose of monitoring the mobile device usage of any individual other than Teachers and Students of your School;
(f) Use any robot, spider, scraper, or other automated means to access the Services for any purpose; or
(g) Knowingly disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies, or otherwise utilize the Services in any manner that violates any statute, rule, or regulation.
5. REPRESENTATIONS AND WARRANTIES BY THE USER
The Services are made available to you in reliance upon the following representations and warranties: (i) If you are a Primary Leader, the information you provided when creating your account was complete and accurate in all respects and you are over the age of eighteen (18) and you have full power and authority to represent your School and are establishing this account to manage the mobile device usage of Teachers and Students of your School; (iii) you will use the Services only for its intended purpose; (iv) you will not use the Services for the purpose of violating any statute, rule, or regulation; (v) you will not use the Services to facilitate the distribution of computer viruses, spyware, or any other malicious code; (vi) you will not use the Services to violate the privacy rights of any third party; and (vii) you will not use the Services in any manner other than as described herein. You further represent and warrant that you have designated Mosyle Corporation as a “school official” with a “legitimate educational interest in all personally identifiable information received through the use of the Service (as those terms are used in 34 C.F.R. 99.31(a)).
6. PROTECTION OF SCHOOL’S DATA
Mosyle will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of School’s Data, as described in the Guidelines. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of School’s Data by Mosyle personnel except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by law , or (c) as a School or Administrative User expressly permit or request.
The Services will be performed using equipment or facilities located in the United States. The Mosyle’s US based service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission) that provide legal grounds for assuring that, when processed in the United States, the personal data of EU citizens that are processed by Mosyle customers when using the Services will receive from Mosyle and its service providers located outside the EU an adequate level of protection within the meaning of Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).
By agreeing to these Terms, the School grants Mosyle a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the Services. Mosyle will inform the School of changes in such processors in accordance with the procedure of modifying these Terms as stipulated below.
List of processors:
Hosting services in the US (Privacy Shield certified).
Mailchimp - Rocket Science Group LLC
7. DATA BREACH NOTIFICATION AND RESPONSE
School will immediately notify Mosyle Corporation of any unauthorized use of the Service or any other breach of security relating to the Service.
Mosyle Corporation will store and process confidential information in accordance with customary industry standards. Mosyle Corporation will have a written data breach response plan and will take commercially reasonable steps to notify the School once it becomes aware of a data breach known to involve, or likely involving, School confidential information. Mosyle Corporation will cooperate with the School to comply with any applicable data breach notification laws.
8. DATA PROCESSING CONTRACT
For the purposes of Article 28 of Regulation (EU) 2016/679, these Terms constitute the data processing contract between the School as the data controller and Mosyle as the data processor. The School hereby instructs Mosyle to process the data as described in these Terms.
(a) Subject matter and nature of processing. Mosyle provides the Platform where the School, as the data controller, can collect, store and organize the personal data of data subjects determined by the School. The Services has been designed to work as education-only mobile device management tool but, to the extent not regulated by these Terms, the School decides how they use the Services.
(b) Duration. Mosyle will process data on behalf of the School until the termination of the Services in accordance with these Terms. Mosyle will delete all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data.
(c) Parties’ rights and obligations. The School’s rights and obligations regarding School’s Data are provided in these Terms. Mosyle ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Mosyle takes all measures required pursuant to Article 32 of Regulation (EU) 2016/679. Mosyle undertakes to make available to the controller all information necessary to demonstrate compliance with their obligations and to allow for and contribute to audits, including inspections, conducted or mandated by the School as the data controller.
9. UPGRADING ACCOUNT & PAYMENT
To the extent you use a Service plan that is made available for a fee, you must be a Leader and you will be required to select a payment plan and provide accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay Mosyle Manager in accordance with the terms set forth on the Site (https://manager.mosyle.com/pricing and related pages), on our Billing Policy (http://manager.mosyle.com/legal/billing ) and these Terms, and you authorize Mosyle Corporation or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms.
10. NO WARRANTY
The Services are provided on an "as is" and "as available" basis, and without warranties of any kind either express or implied. You assume all responsibility for the selection of the Mosyle Manager Services to achieve your intended results.
EXCEPT AS OTHERSISE SPECIFIED HEREIN, WE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION CONCERNING THE ACCURACY OF THE SERVICES. IF YOU RELY ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION YOU OBTAIN VIA YOUR USE OF THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions are not allowed, they may not apply to you.
11. LIMITATION OF LIABILITY
In no event shall we be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the Services, including without limitation to losses incurred due to: (a) software glitches, server failures, power outages, or any other issue beyond our control; (b) any delays in or failure of the Services to operate as described; (c) any unauthorized disclosure of account information or other Service disruptions that may occur through the actions of any third party, such as hackers; (d) any damages that may occur to a telephone or other mobile device that results from the use of the Services; (e) damages or losses of any kind resulting from actions you take in reliance upon any results or other information provided by the Services; and (f) any other damages or losses you may incur in connection with the Services.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU.
You are solely responsible for using our Services in accordance with applicable law, and agree to indemnify, hold harmless, and defend us, together with our officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnified Parties”), from and against any claims, actions, proceedings, and suits (collectively “Claims”) brought against us by any third party or regulatory agency that are associated with your use of the Services (including, but not limited to, invasion of privacy claims), and you expressly agree to assume liability for any damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) that may be incurred by us in connection with any Claim subject to this section.
13. GOVERNING LAW AND ARBITRATION
This Agreement will be governed by the internal law of the state of Delaware.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Orlando, Florida, in accordance with the AAA rules then in effect, and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having jurisdiction thereof.
14. LIMITATION OF ACTIONS
Any claim or cause of action arising out of your use of the Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.
15. MODIFICATION AND NOTICE OF CHANGES
We reserve the right to change, modify, add or remove portions of these Terms, without advance notice to you. We will notify you of any such changes by posting a notice on our Site and/or via email. The new Terms will reference the effective date at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.
16. ENTIRE AGREEMENT
These Terms and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between us.
If any provision of these Terms is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms shall continue in full force and effect.
We reserve the right to take any action it deems appropriate if we determine, in our sole and absolute discretion, that you have violated these Terms. Such action may include cancelling your account, terminating your license to use the Services, or initiating civil or criminal legal proceedings.
If you have any questions or concerns regarding these Terms, please contact us.